Open Justice

A Critique of the Public Trial

Joseph Jaconelli

A timely study of the tensions between the ideals of open justice and the pressures of a modern, mass media

Examines whether the open conduct of legal proceedings is compatible with the values of individual privacy, rehabilitation, national security, and witness safety

Comes at a time of a succession of high profile, public cases - the trials of Fred West, David Shayler, and Lee Bowyer and Jonathan Woodgate - as well as the controversial early release of Jamie Bulger's killers

Open Justice

A Critique of the Public Trial

Joseph Jaconelli

Description

It has long been a fundamental norm of civilized legal systems that the administration of justice is conducted in full view of the public. This is regarded as particularly important in criminal cases, where the accused is traditionally viewed as possessing the right to a public trial. The rise of the modern media, especially television, has created the possibility of a global audience for high profile cases. Increasingly, however, it is seen that the open conduct of legal proceedings is prejudicial to important values such as the privacy of parties, rehabilitative considerations, national security, commercial secrecy, and the need to safeguard witnesses and jurors from intimidation. In this topical new study, Joseph Jaconelli explores these issues and offers a critical examination, in the context of English law, of the values served by open justice and the tensions that exist between it and other important interests.

Open Justice

A Critique of the Public Trial

Joseph Jaconelli

Table of Contents

1. The Elements of Open Justice2. The Rationale and Reach of Open Justice3. The Enforcement of Secrecy4. Security and the Courtroom5. Privacy and the Family6. Secrecy and Commercial Litigation7. Jury Secrecy8. The Reporting of Judicial Proceedings9. The Broadcasting of Judicial ProceedingsCodaAppendix

Open Justice

A Critique of the Public Trial

Joseph Jaconelli

Author Information

Joseph Jaconelli is Senior Lecturer in Law at the University of Manchester.